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2025 DAILYLAW 156990 (ALL)

VIKAS MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/6500/2025 · 2025-08-13

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47386 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6500 of 2025 Applicant :- Vikas Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ram Kushal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant,learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of the B.N.S.S., has been filed with the prayer to quash impugned chargesheet No. 01 dated 07-09- 2024, in respect of F.I.R. No. 05/2024, under sections 419,420 of I.P.C. and section 66 D of the I.T. Act, Police Station-Cyber Crime Police Thana Sultanpur, district-Sultanpur and to quash the order dated 04-10-2024 passed by the Chief Judicial Magistrate,Sultanpur and also to quash the entire proceedings of the Criminal Case No. 4952 of 2024, State Vs Vikas Mishra. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. Order Date :- 13.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench